NIKHIL WAGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS PIL is prompted due to the recent incident of trampling innocent lives under a Land Cruiser at Bandra Hill Road resulting into death of one and seriously injuring four. The 4th respondent was driving the said car at about 2.45 a.m which he crashed into the American Express Laundry on Hill Road, meters away from his house. One man died and four others sleeping outside the laundry were seriously wounded, two with broken legs. The deceased and three injured were employees of A-1 Bakery adjacent to the laundry. It is seen from the investigating papers that the 4th respondent left Rain, a Juhu Restaurant at about 1.55 a.m. and he was accompanied by a friend Kamal Khan and a police body guard Ravindra Patil.

(2.) AFTER the incident the 4th respondent ran away from the scene. The bodyguard registered a complaint at the Bandra Police Station being C.R.No. 326 of 2002 for offences under sections 304-A, 279, 337, 338 of IPC r/w 134(a)(b) of Motor Vehicles Act. The 4th respondent appeared before the Police Station at 10.45 a.m. on 29.9.2002 and he was released on bail in the sum of Rs. 950/-.

(3.) THE petitioners have challenged the validity of section 304A of IPC. The petitioners contend that the sentencing policy is one of the relevant factor while deciding the seriousness of offence under the Criminal Jurisprudence. Chapter XVI of the Penal Code deals with the offences affecting the human body and of offence affecting life.